John owns 100 acres of land with a nice river flowing over it. He wants to take and use all the water from the river but must be careful. He may not have the right to do that.
Here is a basic breakdown of law concerning water in Texas:
1) Groundwater is water under the surface of the land (unless it’s an underground flow of water).
- Groundwater is owned by the landowner.
- Landowners can capture and use groundwater.
- Groundwater is regulated by local conservation districts.
2) Surface water is all bodies of surface water, natural or not, such as lakes, ponds, springs, rivers, streams, creeks, related.
- Surface water is owned by the State and regulated by TCEQ.
- Landowner can generally use surface water for domestic and livestock use.